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Joined: Sep 2004
Posts: 66
CEG\'er
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CEG\'er
Joined: Sep 2004
Posts: 66 |
This is a bit long and concerns traffic violations and police complications; it is something of extreme importance to me as it's possible I could lose my license for 2 years. Read on if you have the time, I only ask for your valued advice on the matter...
Last night I had my LED kit on coming down a hill when I realized there was a county sheriff on the side of the road. I immediately shut the lighting system off and since I was at the end of the hill and at a T intersection, I took a right, looked over my shoulder and saw the cop still there with only his head lights on. Keep in mind, he did not turn around, and did not turn on his red & blue lights.
Seeing as I had a stop sign vioaltion for a rolling stop a week ago, I wanted to avoid a ticket if possible, so I took the next right and the following right after that, proceeding to pull into an alley and park my car in a driveway off of the alley. I then walked to my friends house which was a few doors down and just hung out for 15 minutes.
Instead of going back to my car on foot, I had a friend drive around the block to make sure everything was clear. We turned the corner and there were four squad cars lined up on the street adjacent to the alley where my car was parked. I had my friend immediately take me home at which point a sherriff flew down the street and skidded into my driveway and yelled "hold it right there unless you think you can outrun my K-9!"
At this point, he called for back up and I had 4 cop cars at my house and was then written up with the following violations:
Illegal Lighting System (guilty as charged)
Reckless Driving
Interference
Now as I understood it, Interference means I kept the police from doing their job (finding me and pulling me over). Both my dad and I thought this was ridiculous as he never turned on his lights or followed me, but the cop said it was necessary. I assume he was running my plates as he sat on the side of the road as I turned off. I have a court date in a few weeks and we plan on fighting the Reckless Driving and Interference violations.
On top of all of this, the county sheriffs had my car towed instead of having me go retrieve it. Now, the sheriffs have a contract with a towing company called Meyer Towing who does all of their tows. The cop that night called South Sioux Towing (a different company) and had my car towed over the border into Nebraska. As a county sheriff he has no jurisdiction in any other county let alone across the river in Nebraska, plus he was in violation of the contract. I believe we can prove this to be malicious intent as the tow fee was 130$ when it would have only been 50$ if Meyers towed me like they should have. The tow company also broke my front LED tube in the towing process.
My question is obvious...is this worth fighting in court, do you think I can win, and is there anything I can do about the damage caused to my LED kit by the towing company?
Any feedback is greatly appreciated and I thank you for taking the time to read this.
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Joined: Sep 2000
Posts: 3,223
"Absolut Rara."
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"Absolut Rara."
Joined: Sep 2000
Posts: 3,223 |
Get a real lawyer, and don't follow the advice of a bunch of kids taking guesses.
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Joined: Apr 2003
Posts: 3,045
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Apr 2003
Posts: 3,045 |
00 black/tan svt, #2052 of 2150, born 2/1/00
formerly known as my csvt
"Nothing in the world is more dangerous than a sincere ignorance and conscientious stupidity." -Martin Luther King, Jr.
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Joined: Mar 2004
Posts: 1,130
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Mar 2004
Posts: 1,130 |
Get yourself a good lawyer and let him or her handle it. In the end you will be out some lawyer fees, but at least you would have the satisfaction of having won this battle.
Originally posted by Who the F are You?:
does your family tree not have any branches on it?
99SVT
235hp @ 6550rpm
212tq @ 5350rpm
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Joined: Jun 2001
Posts: 4,777
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Jun 2001
Posts: 4,777 |
Originally posted by ContouR CreW:
On top of all of this, the county sheriffs had my car towed instead of having me go retrieve it. Now, the sheriffs have a contract with a towing company called Meyer Towing who does all of their tows. The cop that night called South Sioux Towing (a different company) and had my car towed over the border into Nebraska. As a county sheriff he has no jurisdiction in any other county let alone across the river in Nebraska, plus he was in violation of the contract. I believe we can prove this to be malicious intent as the tow fee was 130$ when it would have only been 50$ if Meyers towed me like they should have. The tow company also broke my front LED tube in the towing process.
ill only comment on the area you mention which is what I do for my pd.
The towing situation ins interesting as all citys have thesetypes on contracts. Our contracts state that when a vehicle is specifically towed by the city for reasons like unpaid parking tickets ect it has to go to this specific company. If it is for a traffic impound like your situation my dept depending on the crime commited either has a non preference tow respond or a state impound respond. The way our system works is that the next on e on a specific rotation responds, if they cannot for whatever reason the next one down the list goes etc etc. From what you say this is a simple case of the next tow on the list being farther away - and at least here in Ut the minimum tow charge is $130 anyway - dunno about your area.
In Utah peace officers are certified officers of the state of utah - not a particular county. If your state is the same that deputy has jurisdiction not only in the county but the entire state to enforce the laws of the land. But his having jurisdiction in a particular county has nothing to do with where the vehicle is towed to. If that company has been put on their tow rotation it is a question you need to ask of the patrol supervisor (not a sarge - I mean like a captain - thats who handles our tow rotation selection ).
The tow company breaking your LED lights is considered a civil problem - or at best (if proven to be negligent and intentional) a criminal mishcief incident. The civil problem will not be addressed by the police as it is not within their jurisdiction but is to be decided to by a judge in a court of law.
so - did you learn your lesson running from the cops?
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Joined: Jul 2004
Posts: 1,746
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Jul 2004
Posts: 1,746 |
He didn't run from the cops...
2000 Contour SVT
SF - #542 of 2150
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Joined: Apr 2003
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Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Apr 2003
Posts: 3,045 |
the cops may well debate this.
00 black/tan svt, #2052 of 2150, born 2/1/00
formerly known as my csvt
"Nothing in the world is more dangerous than a sincere ignorance and conscientious stupidity." -Martin Luther King, Jr.
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Joined: Aug 2002
Posts: 1,785
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Aug 2002
Posts: 1,785 |
Originally posted by Rara:
Get a real lawyer, and don't follow the advice of a bunch of kids taking guesses.
This is not very nice. We have cops on here that can give solid advise.
Just a Plain SE.
AKA Big Country
I maybe path914's B**** now, but wait until he needs his clutch done. We will see WHO is WHO's B**** then!
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Joined: Sep 2000
Posts: 3,223
"Absolut Rara."
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"Absolut Rara."
Joined: Sep 2000
Posts: 3,223 |
Originally posted by myfastse:
Originally posted by Rara:
Get a real lawyer, and don't follow the advice of a bunch of kids taking guesses.
This is not very nice. We have cops on here that can give solid advise.
Yup, and we have a lot of 17 year old kids that throw out advice too. Also, don't forget that laws vary from state to state, even from county to county, so what may be true in one officer's jurisdiction may not hold true where this guy lives. The most solid advice this guy can get is to get a good lawyer that is familiar with the laws where he is. If he doesn't do that, he doesn't have a chance at keeping his license, regardless of whether he should or not.
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Joined: Feb 2004
Posts: 7,392
Addicted CEG\'er
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Addicted CEG\'er
Joined: Feb 2004
Posts: 7,392 |
Originally posted by Rara:
Get a real lawyer, and don't follow the advice of a bunch of kids taking guesses.
agreed. consultations are usually free. noone knows the laws in your state better than a local lawyer.
good luck.
02 Mustang GT... Tuned by Nelsons. Low 12's, anyone? 
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